Lindsay Municipal Code § 13.12 Sewer Service And Connections

The definitions given in this section shall govern the construction of this chapter and the council resolution adopted pursuant to this chapter and its application, unless otherwise apparent from the context.

1. "Commercial or industrial sewage" means any and all liquids and/or solids contained within liquids from industrial, commercial or institutional processes except liquid-borne wastes derived from the ordinary living processes and of such character as to permit satisfactory disposal without special treatment.
2. "Institutional owner" means any owner, public or private, operating a public or nonprofit school, church, hospital, lodge, club, fire department, library, memorial building or other public or nonprofit activity.
3. "Multiple-family dwelling unit" means a premises which is designed, improved or used as a residence for three or more families, living separately in separate dwelling units, and which is not designed, improved or used for any other purpose.
4. "Other residential" means a building or group of buildings containing individual guest rooms for one or more guests and no provision is made for cooking in any individual room or suite of rooms including but not limited to motels, boardinghouses, hotels, roominghouses, dormitories, fraternities, sororities, etc.
5. "Person" means any person, firm, company, corporation, partnership, association, institutional owner or any public corporation. The single shall include the plural.
6. "Plumbing fixture" means any item which contains a collection device for waste water connected directly or indirectly to a sewage system including but not limited to a toilet, urinal, shower, tub, sink, basin, lavatory, floor drain or automatic washing machine.
7. "Public corporation" means the city or any political subdivision, city, county, district, the state or the United States of America, or any department or agency of any thereof. The singular shall include the plural.
8. "Premises" means a structure, building or unit of property other than bare or undeveloped land connected either directly or indirectly to the sanitary sewerage system or any portion thereof from which any sewerage is discharged directly or indirectly into the sewerage system of the city.
9. "Sewage," as referred to in this chapter, is defined as all water or a combination of the liquid or water carried human waste conducted away from residences, business buildings and institutions which is known as domestic sewage, together with the liquid or water carried waste resulting from a manufacturing process employed in commercial or industrial establishments including washing, cleaning or drain water from such process which is known as industrial waste.
10. "Single-family dwelling unit" means a premises which is designed, improved or used as a residence for one family only and which is not designed, improved or used for any other purpose.
11. "Storm drainage system" means all conduits, pumping plants, collection facilities and other appurtenances owned and operated by the city for carrying, collecting, pumping and disposing of surface water runoff.
12. "Two-family dwelling unit" means a premises which is designed, improved or used as a residence for two families, and no more, living separately in separate dwelling units, and which is not designed, improved or used for any other purpose.

(Ord. 331 (part), 1974)

No person owning any premises within the city limits on which the nearest outlet of the plumbing system of the premises is located within two hundred feet from the point on which a connection can be made to the municipal sewer system, and upon which any sewage is produced, shall use any means of sewage disposal other than through the municipal sewer system. Every person owning any premises so located and upon or in which any sewage is produced shall be required to connect the premises to the municipal sewer system within thirty days from the date when a main sewer or lateral sewer located within the distance specified in this section is completed and available for connection to the premises. The city declares that further maintenance or use of cesspools or other local means of sewage disposal on any premises so located shall constitute a public nuisance and may invoke any legal means or the police power to abate it.

(Ord. 331 (part), 1974)

The following are the connection fees to be charged for new connections to the domestic sewer system:

(Ord. 384, § 2, 1983)

There shall be a separate connection to the sewerage system for each premises served except when otherwise authorized by the city council.

(Ord. 331 (part), 1974)

1. No person whose premises are not now connected with the municipal water system or municipal sewer system shall connect any premises or cause any premises to be connected with the municipal water system or municipal sewer system, respectively, without first obtaining a permit to do so from the City Manager's designee.
2. The City Manager's designee may require of any person who applies for any such permit to file a statement or affidavit for the guidance of the public works director, the city clerk and the city council in ascertaining the amount of the monthly sewer service charge payable by the person under this chapter. Each such statement of affidavit shall contain such information as may be required by the City Manager's designee. Failure by any person to file the statement or affidavit containing the required information shall constitute a violation of this chapter. No statement or affidavit shall be conclusive as to the matters therein set forth nor shall the filing of any statement or affidavit preclude the city from collecting from the person responsible for payment (as provided in this chapter) by appropriate action such sum as is actually due and payable for monthly sewer service charges under the provisions of this chapter. Each such statement or affidavit, and each of the several items therein contained, shall be subject to verification by the public works director or the City Manager's designee.

(Ord 587; Ord. 331 (part), 1974)

Connection to the sewerage system shall be made only after securing an encroachment permit from the city clerk. Permits for sewer lines constructed on private property shall be obtained in accordance with the provisions of the plumbing code of the city.

(Ord. 331 (part), 1974)

All persons shall keep their sewer laterals or sewer connections in good order at their own expense and shall be liable for any damages which may result from their failure to do so.

(Ord. 331 (part), 1974)

No person shall discharge or allow the discharge of sewage or other waste material into the sewerage system of the city except as provided for and upon payment of the fees as set forth in a council resolution adopted from time to time.

(Ord. 331 (part), 1974)

No facilities or services of the sewerage system shall be furnished to any premises or to any owner or other person free of charge.

(Ord. 331 (part), 1974)

For the purpose of providing funds for payment at or before maturity of the principal of and interest on all sewer revenue bonds heretofore or hereafter issued by the city for the purpose of the acquisition, construction and completion of the municipal sewer disposal system and for the purpose of defraying the cost of maintenance and operation of the municipal sewer disposal system, there are levied and assessed upon all premises having or required by this chapter to have any sewer connections with or discharging or required by this chapter to discharge sewage into or through the municipal sewer system, the charges to be payable in the respective amounts and at the time set forth in resolutions to be adopted by the city council from time to time, as the case may be.

(Ord. 331 (part), 1974)

Sewer service charges shall become effective immediately upon the adoption of the ordinance codified in this chapter as to all premises then connected to the municipal sewer system and thereafter the charges shall become effective against all premises not then connected to the municipal sewer system immediately upon connection to the municipal sewer system could be made as provided in Section 13.12.020, whichever is the earlier.

(Ord. 331 (part), 1974)

1. All sewer charges shall become due and payable in a manner set by the city council by resolution duly adopted.
2. All bills for such services shall be issued by the City Manager's designee. The bills shall state their purpose (water, sewer and disposal service), shall give the name and last known address of the person responsible for payment (as provided in this chapter), and shall list separately the charge for water service, the charge for sewer service, the charge for disposal service, and the total charge for all services.
3. All water, sewer, and disposal service charges shall be determine in accordance with Article XIIIC of the California Constitution and Section 5.32.040 and 5.32.310 of the Municipal Code, and ratified by the City Council by resolution duly adopted.
4. There shall be no exemption from the mandatory collection of sewer service.

(Ord. 587; Ord. 331 (part), 1974)

All monthly sewer service charges shall be billed to the following persons:

1. In the case of any person whose premises is connected with the municipal water system, then to the person who requested the connection to the municipal water system or his successor in interest, or to any person requesting that the bill be charged to him; or
2. In the case of any person whose premises is not connected to the municipal water system, then to the person who requested the connection to the municipal sewer system or his successor in interest, or if no such request was made, then to the owner of record of the premises on the date on which the premises is required by this chapter to connect to the municipal sewer system or the successor in interest to such person, or to any person requesting that the bill be charged to him.

(Ord. 331 (part), 1974)

The City Manager's designee is charged with the enforcement of this chapter and all of its provisions.

1. In the event of a violation of any terms of this chapter, or any rule or regulation established pursuant to this chapter, the City Manager's designee, in writing, shall notify the person causing, allowing or committing the violation, specifying the violation and, if applicable, the time after which (upon the failure of the person to prevent or rectify the violation) the City Manager's designee will exercise their authority to disconnect the premises from the municipal water system and/or the municipal sewer system; provided, that the time shall not be less than five days after the deposit of the notice in the United States Post Office at Lindsay, California, addressed to the person to whom notice is given; provided, however, that in the event the violation results in a public hazard or menace, then the City Manager's designee may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate the hazard, and the reasonable value of the things done and the amounts expended in so doing shall be charged upon the person so in violation.
2. Upon failure of any person billed or the owner of a premises to pay any sewer service prior to delinquency, any one or more of the following actions may, or where required by this chapter must, be taken by the city or city officials, to enforce the payment, subject to the provisions of subsection A of this section:
3. Each sewer service charge levied by or pursuant to this chapter on any premises within the city limits is made a lien upon the premises and any step authorized by law may be taken by the city to enforce payment of the lien.
4. In each case where any bill for both water service and sewer service remains unpaid for thirty days after the bill becomes delinquent, the City Manager's designee, upon notification of the delinquency, shall disconnect the premises from the municipal sewer system. Whenever a premises has been disconnected from the municipal sewer system for nonpayment of sewer service charges, the premises shall not be reconnected to the municipal sewer system until all delinquent charges and penalties have been paid, together with such reasonable charges for reconnection as may be ordered from time to time by the city council resolution duly adopted.

(Ord. 587; Ord. 331 (part), 1974)

All sewer services outside the city limits are subject to council approval, and shall pay twice the applicable monthly rates.

(Ord. 331 (part), 1974)

It shall be the duty of the City Manager's designee to supervise all connections to the municipal water system and municipal sewer system and to establish and administer such reasonable rules and regulations applicable to the use of and operation of the municipal water system and municipal sewer system as may be deemed advisable or necessary; provided, that the rules and regulations so established shall not be in conflict with any provisions of this chapter and shall be at all times subject to appeal to the city council, whose decision shall be final. It shall be the duty of the City Manager's designee to collect all water service charges and sewer service charges. The City Manager's designee shall keep an accurate accounting and records showing the source, amount and disposition of all funds received from water, sewer service or rental charges.

(Ord. 587; Ord. 331 (part), 1974)

All existing agreements between the city and the local industries will remain in force until their expiration or at such time as the ownership changes, at which time new agreements will be entered into.

(Ord. 331 (part), 1974)

The purpose of this chapter is to restrict the flow of pure water from evaporative coolers and air conditioning systems to the sanitary sewer system in order to reduce the cost of maintenance and operation and capital investment in sewer system and sewage treatment facilities.

(Ord. 331 (part), 1974)

All installation of air conditioning systems shall hereafter be made only after issuance of a permit therefor, by the city, and payment of the customary building and/or plumbing permit fees to the city.

(Ord. 331 (part), 1974)

1. All new installation of evaporative coolers shall be furnished with a circulating pump or be drained to yard areas, seepage wells or leaching devices, or storm drains.
2. All new installations of air conditioning units, industrial, commercial or residential, shall have cooling water discharge recirculated or used for irrigation purposes or disposed of through a private dry well or public storm drains, or shall be of such type as not to require cooling water discharge. In no case shall discharge be permitted to be connected to the sanitary sewer system except that condensation only from recirculation units or from heat pump units, or bleed-off water from cooling towers, may be discharged to the sanitary sewer system.
3. Whenever replacements or reinstallations of existing evaporative coolers are made, existing connections to the sanitary sewer shall be disconnected and installation made in accord with the provisions of this chapter governing new installation of evaporative coolers.
4. Whenever replacements or reinstallation of air conditioning units are made, the replacements or reinstallations shall conform in all respects to the requirements for new installations of this chapter, and shall be disconnected from the sanitary sewer.
5. No person shall discharge or cause to be discharged any water from evaporative coolers to any sanitary sewer. Existing units now discharging to the sewer shall cease the discharge to the sewer on or before July 1, 1974.

(Ord. 331 (part), 1974)

All revenues received and collected by the City Manager's designee pursuant to this chapter shall be deposited by the city treasurer within one month of receipt thereof by them in the appropriate Fund.

(Ord. 587; Ord. 331 (part), 1974)